Mohd. Naeem vs Sabina
2022 Latest Caselaw 958 UK

           IN THE HIGH COURT OF UTTARAKHAND AT
                         NAINITAL

            Compounding Application No. 1254 of 2022
                                In
                   Criminal Revision No. 245 of 2016

Mohd. Naeem                                       ...Revisionist


                                 Vs.

Sabina                                            ...Respondent



Mr. Mohd Umar, learned counsel for the revisionist/husband.
Mr. Bilal Ahmed, learned counsel for the respondent/wife.

                                       Dated: 28th September,2022

Hon'ble N.S. Dhanik, J.

This Criminal Revision has been filed by the revisionist against the judgment and order dated 21.07.2016 passed by the learned Judge, Family Court, Nainital, in Criminal Case No. 191 of 2015 "Smt. Sabina Vs. Naeem". Along with this Criminal Revision, a joint compounding application has also been filed. In support of compounding application, affidavits have been filed by Mohd. Naeem (revisionist) and Mrs. Sabina (respondent). In the compounding application it is stated that the dispute between the parties is settled amicably and now the respondent did not want to pursue the case further.

2. Mr. Mohd. Naeem (revisionist) and Mrs. Sabina (respondent) are present before this Court and they are duly identified by their respective Counsel. They verified the contents of the compounding application and stated that the present dispute is settled amicably between the parties and nothing survives in the present case.

3. In view of the principle of law laid down by Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, criminal proceedings can be quashed by this Court, if the Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.

4. Having considered submission of learned counsel for the parties, and after going through entire material available on record and also considering the statement of the victim, I am satisfied that the matter has been settled between the parties amicably. Therefore, this compounding application deserves to be allowed.

5. Accordingly compounding application is allowed.

6. The entire proceedings of Criminal Case No. 191 of 2015 "Smt. Sabina Vs. Naeem" pending before the learned Judge, Family Court, Nainital, is hereby quashed.

7. The Criminal Revision stands disposed of, accordingly.

(N.S. Dhanik, J.) 28.03.2022 RV